Small Claims is a division of a municipal
or county court designed to provide easy court access to non-lawyers. The cases
are heard by a magistrate, a lawyer appointed to resolve the dispute. The
parties involved in the dispute are allowed to object to the magistrate’s
decision and appeal to municipal or county court. Small claims court handles cases involving only monetary damages of no more than $ 3,000.

Do I need a lawyer to represent me?

By law, the appearance of an attorney on
behalf of any party is permitted, but not required. In fact, the goal is to
make the court accessible to non-lawyers. When you file the complaint and
represent yourself in court, you are appearing pro se.

The court can only hear cases seeking to
recover money owed. The most you can ask for is $3,000. A counterclaim (a claim
filed by the opposing party against you) also cannot exceed $3,000. The court
cannot hear cases for slander, libel, replevin (action for the return of
specific personal property), malicious prosecution, abuse of process actions,
punitive damages or other cases where more than money is pursued.

What is the cost to file and where do I file?

Ask your local Clerk for the cost in your county. File your complaint at the Municipal or County Clerk
of Court Office in the county where the defendant (the person you are suing)
lives. Ask your local Clerk for the cost in your county. To file the complaint, you must know the address of the person you are
suing.

How can I prepare for my court date?

If the court is successful in notifying
the defendant, your case will be heard on the court date given to you. It is
critical that you give the court the correct address of the defendant. If the
defendant cannot be notified or served, then you cannot go forward with your
case.

Organize your case before going to court.
Gather all the documents you plan to use, such as rental agreements, contracts,
auto titles and the like. Prepare in advance what you will say and how you can
explain your case in an organized manner. If you know of others who have
firsthand knowledge of the incident, consider bringing them to the hearing to
testify. You can subpoena, or require, a witness to testify, but you will have
to fill out a subpoena at the Clerk's Office and pay a small fee at least seven days before the
hearing.

Be on time to the hearing. You do not
want to lose simply because your case was called and you were not there. If you
filed the complaint, you will go first in calling your witnesses and having
them testify. You will also be given the chance to question the other side's
witnesses. You can object if you feel a witness on the other side has said something
improper. However, the magistrate controls the discussion and can also ask questions.
At the end of the testimony, the magistrate will give a judgment and say how much
money is owed, if any, to whom and why.

What court rules are used in small claims?

Although the rules are more relaxed than
in municipal court, small claims courts generally follow the Ohio Rules of
Civil Procedure. In addition, each court has its own local rules which you will
need to follow. Check with your Clerk of Courts.

What recourse do I have if I lose?

If the magistrate rules against you and
you want to challenge the magistrate’s decision, you will need to do the
following:

Immediately, while standing in front of the magistrate, ask him or
her to prepare a report on the decision.

Check with the Court Clerk to find out
when the report has been completed and filed.

Within 14 days of the filing of
the report, you must file an objection with the court detailing why you believe
the magistrate was wrong.

Mail a copy of your objections to the other party in the
case.

If you disagree with the magistrate's determination as to what the facts
are in your case, you must file a transcript of the proceedings with your
objections. However a transcript can be costly.

Once filed, a municipal or
county court judge will review the case along with your objections and make a
ruling.

If the judge upholds the decision, you
can appeal the judge's decision to the court of appeals. On appeal, however,
the matter becomes more complex. Consult an attorney as to your chances of
winning. Also check the local rules of your particular court.

If I win, how do I get my money?

Unfortunately, getting your judgment is
only your first step. The court does nothing on its own to force the defendant
to pay the judgment. Unless the defendant voluntarily pays you within 30 days
of the judgment being filed, you will need to take additional steps to collect
your money. These steps may include a judgment debtor exam, garnishment of
wages, attaching property, and attaching bank accounts. There
are additional costs to pursue these collection efforts. See the Clerk of Court
for details about how to proceed.

What is a judgment debtor exam?

A judgment debtor exam is an opportunity
to find out where the defendant works, what he or she earns, the make, model,
year, license and title number of any vehicles, location of any real estate he
or she may own and any other assets he or she may have. This procedure can also
be accomplished by mail or in person.

Using this information, you may be able
to garnish the defendant’s bank accounts and wages, attach his or her property
and, if needed, file for execution or sale of the assets.

The procedure for sale, however, is a bit
more complicated, and you may not want to attempt it unless the property
involved is worth considerably more than the amount of the judgment.

How can I collect using a garnishment?

A garnishment is when money is taken from
a person’s wages to pay a creditor.

To garnish a person's wages, you will
need to send the debtor a Notice of Garnishment of Personal Earnings 15 days
before the proposed garnishment. You do not need to file this notice if you are
garnishing a bank account.

After 15 days, if you have not been paid,
you need to complete and file a garnishment form with the Clerk's Office. Be
sure you have the correct name and address of his or her employer. The
garnishment is successful if the Clerk receives an answer from the garnishee
indicating that they are withholding money. The money being held will be paid
into court, and the Clerk will issue a check to you. Creditors cannot attach
the debtor’s entire paycheck. The most the creditor can ever obtain is 25% of
the debtor’s take home pay per pay period. But a garnishment on wages can
remain in effect until the judgment is paid in full. There are certain assets,
such as Social Security, Unemployment Compensation and Welfare Benefits which
are exempt from garnishment. Check with the Clerk for details.

To find a civil legal aid provider, call

1.866.LAW.OHIO (1.866.529.6446)

For the hearing impaired:
Use this site to find the local
Ohio legal aid provider in your
area. Then, call the Ohio Relay
Service at 1-800-750-0750 and
ask the service operator to
connect you to the provider
you are trying to call.